93RD GENERAL ASSEMBLY
State of Illinois
2003 and 2004
SB2494


 
Introduced 2/3/2004, by John J. Cullerton
 
SYNOPSIS AS INTRODUCED:
 		














20 ILCS 862/15





20 ILCS 862/30 new










    Amends the Recreational Trails of Illinois Act.  Provides that recipients of off-highway vehicle trail grants must post a performance bond.  Provides that the Department of Natural Resources shall establish the terms and conditions of the bond.  Provides that recipients of the grant shall be held liable for any damage done by clients to private or public lands adjoining an off-highway vehicle trail established, operated, or maintained by that grant recipient. Provides that a grant recipient found in violation of the grant agreement shall be subject to administrative penalties imposed by the Department.



















LRB093 20560 RAS 46369 b




















FISCAL NOTE ACT MAY APPLY
















 


 


A BILL FOR









 














SB2494

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    AN ACT concerning recreation.

 
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    Be it enacted by the People of the State of Illinois,
 
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represented in the General Assembly:


 
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    Section 5. The Recreational Trails of Illinois Act is 
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amended  by changing Section 15 and  by adding Section 30 as 
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follows:
 



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    (20 ILCS 862/15)



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    Sec. 15. Off-Highway Vehicle Trails Fund. 

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    (a) The Off-Highway Vehicle Trails Fund is created as a 
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special fund in the
State treasury.
 Money from federal, State, 
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and private sources may be
deposited into the Fund.
Fines 
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assessed by the Department of Natural Resources for citations 
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issued to
off-highway vehicle operators shall be deposited into 
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the
Fund. All interest accrued on the Fund shall be deposited 
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into the Fund.

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    (b) All money in the Fund shall be used, subject to 
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appropriation, by the
Department for the following
purposes:


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        (1) Grants for construction of off-highway vehicle 
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    recreational trails on
county, municipal, other units of 
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    local government, or private lands where a
recreational 
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    need for
the construction is shown.


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        (2) Grants for maintenance and construction of 
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    off-highway vehicle
recreational
trails on federal
lands, 
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    where permitted by law.


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        (3) Grants for development of off-highway vehicle 
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    trail-side facilities in
accordance
with criteria
approved 
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    by the National Recreational Trails Advisory Committee.


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        (4) Grants for acquisition of property from willing 
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    sellers for
off-highway vehicle
recreational
trails when 
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    the objective of a trail cannot be accomplished by other 
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    means.


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        (5) Grants for development of urban off-highway 
 


 









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    vehicle trail linkages
near homes and
workplaces.


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        (6) Grants for maintenance of existing off-highway 
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    vehicle recreational
trails,
including the
grooming and 
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    maintenance of trails across snow.


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        (7) Grants for restoration of areas damaged by usage of 
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    off-highway
vehicle
recreational trails and
back country 
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    terrain.


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        (8) Grants for provision of features that facilitate 
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    the access and use of
off-highway vehicle trails
by persons 
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    with disabilities.


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        (9) Grants for acquisition of easements for 
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    off-highway vehicle trails or
for trail
corridors.


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        (10) Grants for a rider education and safety program.


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        (11) Administration, enforcement, planning, and 
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    implementation of this Act
and
Sections
11-1426 and 11-1427 
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    of the Illinois Vehicle Code.

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    All grant recipients must post a performance bond that 
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shall be held in the Fund.  The Department shall establish, by 
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administrative rule, the terms and conditions of this bond.

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    Of the money used from the Fund for the purposes set forth 
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in this
subsection, at least 60% shall be allocated for 
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motorized recreation. The
Department
shall establish, by rule, 
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measures to verify that recipients of money from
the Fund 
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comply with the specified conditions for the use of the money.

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    (c) The Department may not use the money from the Fund for 
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the
following purposes:


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        (1) Condemnation of any kind of interest in property.


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        (2) Construction of any recreational trail on National 
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    Forest System
land for motorized uses unless those lands

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    have been allocated for uses other than wilderness by an 
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    approved
forest land and resource management plan or have 
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    been released to uses
other than wilderness by an Act of 
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    Congress, and
the construction is otherwise consistent 
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    with the management
direction in the approved land and 
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    resource management plan.


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        (3) Construction of motorized recreational trails on 
 


 









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    Department owned or
managed land.

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    (d) The Department shall establish a program to administer 
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grants from the
Fund to units of local government, 
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not-for-profit organizations, and
other groups to operate, 
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maintain, and acquire land for off-highway vehicle
parks that 
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are open and accessible to the public.

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(Source: P.A. 90-287, eff. 1-1-98.)

 
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    (20 ILCS 862/30  new)
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    Sec. 30. Liability; penalty. Grant recipients shall be 
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liable for trespass and for any damage caused by a client to 
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public or private lands adjoining an off highway vehicle trail 
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established or maintained by that recipient.  Grant recipients 
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found by the Department to be in violation of the grant 
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agreement shall be subject to administrative penalties imposed 
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by the Department.